HomeMy WebLinkAbout#4056-variance-1998 .. .
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'�' RESOLUTION OF THE CITY COUNCIL
�L9kESH04�G NO. � a ; �.� `
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A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZOIVING CODE
SECTION 10.24 SUBD. 5 (B)
FILE NO. #2346
WHEREAS, Mark Palm and Pamela Palm (hereinafter "the applicants") are the
owners of the property located at 1447 Park Drive within the City of Orono (hereinafter "the
City") and legally described as follows:
Lot 8, Block 15, "Saaa Hill, Revised, Hennepin County, MN" (hereinafter "the
property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.24, Subd. 5 (B) to allow a second floor addition to an existing
residence that encroaches 6.6' into the required side yard. A variance for side yard setback is
required.
NO`�, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was revie�ved as Zoning File #2346.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring 1 acre in area.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variances based upon the following
findings:
A. The subject lot does not meet lot width, lot area, hardcover or stnictural
requirements.
B. The proposed addition does not encroach into the average lakeshore
setback. ,
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'�' RESOLUTION OF THE CITY COUNCIL
��9kESH�g'�� NO. z� � � �
C. The topography of the lot slopes from the street side of the residence to
the lakeside of the residence.
D. The chimney is considered an encroachment in the side yard.
E. The existing residence encroaches 6.6' into the required side yard. The
proposed addition would increase the amount of structure in the required
10' side yard.
F. The applicant is advised to obtain a maintenance easement from the
adjacent property owner.
4. The City Council fmds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a side yard variance along the west property line to allo�v a second floor addition to an
existing residence per Municipal Zoning Code Section 10.24, Subd. 5 (B) thereby increasing
structure in a required 10' side yard where 3' 4" is existing and proposed.
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'�' RESOWTION OF THE CITY COUNCIL
��9kESHOg'�G NO.
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1. The applicant shall combine the vacated portion of�Forest Lane with the subject
property.
2. Future variances to increase structure or hardcover will not receive favorable
recommendations for approval.
3. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (March 23, 1999).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City. Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of March, 1998.
ATTEST:
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.�:�,1� , ,�, G� _
Lin�a S. Vee, City Clerk Gabriel abbour, Mayor
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Pr erty Owner (s
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�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESHOg'� NO. 4 � � �
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
March, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City:
� � �/I��D�U- ���.,._.�
��`� CAROLE A HASEMAN Notary Public
�,,...
�;� ��, � NOTARY PUBLIC-MINNESOTA
• ,!�'�. HENNEPIN COUNTY
a ���•••° My Commission Expira Jan.31,2�►00
��3_ .
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��b. - CITY of ORONU �
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�� G'�' RESOLUTION OF THE CITY COUNCIL
' �9kESH�g'� NO. _�� � ��
STATE OF n�IINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this� day of �-(��c h , 199 b' before me a Notary Public within and
for said county, personally appeared bA�l( -�I�. a -��, %-� �a%=, „•.` --" ar '�; P
known to me to be the person(s) described in and who executed the foregoing uistrument,and
. acknowledged that he (they) executed the same as his (their) free act and deed.
, ��.�:;�.,. CAROLE A HASEMAN �p y ,M'�J
? NOTARY PUBLIC-MINNESOTA
• �,;�;�:-o: H�N��N couNnr Notary Public
�> ��„• My Commission Expires Jan.31,2�00
N:"...'. �-,r�:.'^c�`%Y`..,��'S
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within and
for said county, personally appeazed
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged ihat he (they) executed the same as his (their) free act and deed.
Notary Public
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